SarahSays says:
The name Etsy, and other Etsy graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Etsy, Inc. in the U.S. and/or other countries.The truth is if Etsy allows anyone to use marks similar to Etsy’s Marks in any way, without permission, Etsy could lose its trademark rights.
Therefore, Etsy will be implementing a program where individuals will fill out an application specifying aspects of the requested use of Etsy’s Marks. Etsy will review the application and in many circumstances Etsy will grant limited permission to use the approved Marks, for free. Etsy loves your creative uses of Etsy’s Marks, and Etsy is not trying to put a damper on your creativity or your expression.
So…please stay tuned.
Thanks,
Sarah
Posted at 10:14 am, July 30 2007 EST
Further explanation can be seen here.
Even though Etsy has mentioned in April 2007 that they have a simple release form to use their logo, it seems like the idea has been scraped. Etsy is currently working on implementing a new program, as SarahSays mentioned above.
Meanwhile, to avoid breaking rules, feel free to use resources provided here for your marketing efforts.
EDIT by starrydesigns
For people who are currently selling products with the Etsy logo, please read:
… For items you are already selling with an Etsy mark in the item, yes, you’ll need to get permission. You’ll need to fill out the application (once it’s available) then Etsy will grant permission for certain uses. We will examine each request and determine whether or not to grant permission.
So long as your use complies with Etsy’s policies, this should be a minor hurdle. If you want to make a mass-produced environmentally unfriendly un-Etsylike item, it’s unlikely we’ll grant you permission to use Etsy’s mark…
July 30th, 2007 at 10:36 am
Okay I realized that it is a generic reply. :D
Also seen here: http://www.etsy.com/forums_thread.php?thread_id=5151614
July 30th, 2007 at 7:03 pm
Hm, I only see reg for the word “etsy” and pending applications for “etsy alchemy” and “ETSY” all caps. I wonder which graphics, page headers, button icons and scripts she talking about in “other Etsy graphics, logos, designs, page headers, button icons, scripts.” I don’t see any of that at the trademark office. Scripts? They have a trademark on a script they use?
*shrug*
July 30th, 2007 at 10:42 pm
Trademarks do not have to be registered. Registered trademarks (circle r) are different than standard trademarks (™). A business can claim a trademark, use the ™ symbol, and defend the trademark in court as long as it is a genuinely trade-markable item, and no one else has previously used/claimed it.
July 30th, 2007 at 10:44 pm
Of course, etsy’s been giving out all of their images for a long time, with comments such as “we wouldn’t have put it on the web if we didn’t want it stolen” (believe that was chris) without so much as a mention of trademark until this spring, so I’m not sure how well their claim would hold up if it came to an actual legal case.
July 30th, 2007 at 10:49 pm
I should’ve written that more clearly. What other than Etsy and their tag-line of all things handmade is Etsy laying claim to? Script? What script?
July 31st, 2007 at 1:06 am
probably this image
http://www.etsy.com/images/logo.gif
and the header design on their pages (logo+searchbox+tabs)
maybe the little icons by
Purchases
Feedback
Favorites
Public Profile
Account Info
the little icons by
colors
treasury
showcase
geolocator
time machine
time machine 2
connections
categories
When they say “script” I think javascript
I doubt if javascripts can be trademarked, it would be more likely to be copyrighted if anything. Their flash apps may be copyrighted, I am really not sure if HTML and javascript can be.
But they also might mean fonts? Like custom fonts designed by their graphic designers?
August 17th, 2007 at 2:03 pm
[...] Our previous coverage of the Etsy’s planned trademark licensing program can be found here. [...]
August 19th, 2007 at 10:12 pm
[...] coverage of the etsy trademark issue http://etsynews.com/304/on-using-the-etsy-namelogo/ [...]